Terms & Conditions
Welcome to Dumbfounded. Dumbfounded.in and its affiliates provide their services to you subject to the terms and conditions given hereunder. If you visit us at Dumbfounded.in, you accept these terms and conditions. In addition, when you use any current or future Dumbfounded.in service (e.g., Your Account/Profile, etc.) or visit or purchase from any business affiliated with Dumbfounded.in, whether or not included in the Dumbfounded.in website, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Dumbfounded.in. By using the shopping services of Dumbfounded.in, you agree to be bound by these terms and conditions. All products/services and information displayed on Dumbfounded.in constitute an "invitation to offer." Your order for purchase constitutes your "offer," which shall be subject to the terms and conditions as listed below. Dumbfounded.in reserves the right to accept or reject your offer.
The website "www.dumbfounded.in" is owned and operated by M/s Whiteway Trading Establishment.
#216, WhiteHall House, Chettuva, Thrissur - 680512
Please read these Terms & Conditions carefully before using this or any of the other Dumbfounded.in websites. In these Terms & Conditions, Dumbfounded.in is referred to as "Dumbfounded" or "Company," "we," "us," "our" or Company, and you, the end user, are referred to as "you," "your," or "user."
Definitions
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied, or replaced from time to time.
"Dumbfounded.in" / "Dumbfounded" / "website" means the online shopping platform and the services to buy the products listed on the site.
"Vendor" / "seller shall mean the person or any legal entity who offers for sale, sells the products on the Dumbfounded.in platform / website. "Product/Products" means and includes any goods/merchandise/products/services/offers/display items that are uploaded/showcased/displayed on Dumbfounded.in and the related description, information, procedure, processes, warranties, delivery schedule, etc.
Terms Modifications and Adjustments
The Company retains the right at all times to discontinue or make adjustments to any of these Terms and Conditions and/or our Privacy Policy as deemed necessary or desirable without prior notification to you. These modifications may involve, among other things, the introduction of certain fees or adjustments to confidentiality. It is also expressly understood that all warranties, whether implied or express, are established between the vendors and the user. We do not endorse in any manner the content or offerings of advertisers on our web pages or other communication channels.
We shall not be held responsible for any harm suffered by users due to the use of the services on this site. This includes, without limitation, loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions that may occur due to any act or omission of the vendor. This disclaimer of liability extends to damages or injury caused by failures in performance, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer viruses, communication line failures, theft, destruction, or unauthorized access to, alteration of, or use of records. This applies whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The User agrees and acknowledges that they shall be solely responsible for their conduct, and the Company reserves the right to terminate user rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other laws enacted by the government of India or any other statutory, legislative, or regulatory authority authorized in this regard. In no event shall the Company, its affiliates, employees, agents, consultants, or contracted companies be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or for any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Dumbfounded.in sites/services. This includes interrupted communications, delays, lost data, or lost profits arising out of or in connection with this agreement.
We, therefore, neither endorse nor provide any judgment or warranty and assume no responsibility or liability for the authenticity/availability of any goods/services or for any damage, loss, or harm, direct or consequential, or any violation of local or international laws that may occur during your visit and/or transactions on these sites.
We shall not be liable for any delay/non-delivery of purchased goods by vendors, trade organizations, manufacturers, shops, etc. (vendors), due to flood, fire, wars, acts of God, or any cause beyond the control of Dumbfounded.in.
Copyright Infringement
Without restricting the generality of the foregoing, including but not limited to credit card and other personal details, you may be prompted to provide to any third party. By doing so, you hereby unconditionally relinquish any claim against us in relation to such sites. We highly recommend that you conduct any investigation you deem necessary or suitable before engaging in any online or offline transaction with any third-party company or advertiser.
Reviews and Public Communication
Dumbfounded.in has the option, but is not obligated, to observe, modify, delete, or disclose the contents of a user's email or reviews as necessary for routine maintenance of any of the Dumbfounded.in websites or in the sincere belief that such action is essential to: (1) comply with the law or adhere to legal process served on Dumbfounded.in; (2) safeguard and uphold the rights or property of Dumbfounded.in; (3) ensure the personal safety of other Dumbfounded.in website users or the public; or (4) to ensure adherence to our Terms and Conditions.
Limitation of Liability
The company, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers bear no liability to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to Dumbfounded.in websites or Dumbfounded.in content or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in any Dumbfounded.in websites, including without limitation as a result of a breach of any term of this agreement. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event will the company’s total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of any Dumbfounded.in website, regardless of the form, cause of action, or the alleged basis for any claim, exceed the amount paid by you to Dumbfounded.in, if any, for accessing the Dumbfounded.in websites.
Indemnity
You agree that you will indemnify and hold harmless the company and its directors, officers, shareholders, and agents from any and all liability arising in connection with your use of the Dumbfounded.in websites, including but not limited to any information or content that you post on any of the Dumbfounded.in websites.
Copyright
COPYRIGHT ©: Dumbfounded.in 2023. All rights reserved. Everything you see or read on the Dumbfounded.in websites is copyrighted unless otherwise noted and may not be used except as provided in these Terms & Conditions or with the written permission of Dumbfounded.in.
Trademarks
The trademarks, logos, and service marks (“Marks”) displayed on the Dumbfounded.in websites are registered and unregistered trademarks of Dumbfounded.in, its affiliates, and other respective third parties. Users are prohibited from using any Marks for any purpose, including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Dumbfounded.in or such third party that may own the Marks. All information and content, including any software programs.
Data Protection
Dumbfounded.in may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offers, please refer to our Privacy Policy.
Force Majeure
Dumbfounded.in shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and Privacy Policy and you continue to use Dumbfounded.in, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of Dumbfounded.in by the user after such notice shall be deemed to constitute acceptance by the user of such modifications.
Electronic Communication
When you visit Dumbfounded.in or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
The website grants you a limited license to access and make personal use of the website and the service provided through the website. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the website, and the framing of any content available through the website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the Company's sole discretion) an unreasonable or disproportionately large load on the website's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Company to prevent or restrict access to the website. Any unauthorized use by you shall terminate the permission or license granted to you by the website.
Disclaimer of warranties and limitation of liability
Dumbfounded.in has made this service available to use as a matter of convenience. We expressly disclaim any claim or liability arising out of uploading any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. We also disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of the Company is provided on an "as is" basis without warranties of any kind, whether express or implied. We do not represent or warrant maintaining the confidentiality of information; although our current practice is to ensure reasonable efforts to maintain such. If you believe that your work has been used or is accessible on Dumbfounded.in websites in a way that constitutes copyright infringement, you may notify Dumbfounded.in by providing us the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work; (3) a description of where on the site the material that you claim is infringing is located, reasonably sufficient to permit Dumbfounded.in to locate the material; (4) your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Company’s agent for notice of claims of copyright infringement for the Dumbfounded.in websites can be reached by mail at: hello@dumbfounded.in
Warranty Disclaimers
Dumbfounded.in recognizes the value of providing accurate and timely content. However: The Dumbfounded.in websites are provided "as is" and without warranties of any kind either express, statutory, or implied. Without limiting the foregoing, Dumbfounded.in wants to ensure that you understand that there are no warranties:
That access to the Dumbfounded.in websites will be error-free or uninterrupted; That the information on the Dumbfounded.in websites will be accurate, complete, or reliable; That the Dumbfounded.in websites will be free of any virus, worm, Trojan horse, or other harmful software code; or Of title or non-infringement. Dumbfounded.in hereby disclaims any and all implied warranties in connection with the Dumbfounded.in websites, including without limitation, merchantability and fitness for a particular purpose.
Disclaimer as to Third Party Web Sites
Dumbfounded.in also disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from Dumbfounded.in websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. Dumbfounded.in is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads), and you hereby irrevocably waive any claim against us with respect to such sites or advertisements. Dumbfounded.in does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Dumbfounded.in websites. Dumbfounded.in does not make any representations or warranties as to the security of any information, including available on or through Dumbfounded.in (“Content”), is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through Dumbfounded.in for commercial or public purposes.
Governing Law
This site is created and controlled by Dumbfounded.in. The laws of India shall apply, and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions, and disclaimers. Dumbfounded.in reserves the right to make changes to the website and the terms, conditions, and disclaimers at any time and without information to the customers/users of the services/website of Dumbfounded.in.
Dispute Resolution
If there is any dispute about or involving the Dumbfounded.in Websites and/or the Service, by using the Dumbfounded.in websites, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction of the courts of Delhi, India.
Contact Information
If you have questions or concerns regarding these Terms & Conditions, please contact our support at hello@dumbfounded.in.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to Dumbfounded.in, Dumbfounded.in may, in its sole discretion, limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership and/or refuse to provide the user with access to the site if: The user is in breach of any of the terms and conditions of this agreement and/or the terms and conditions of usage of Dumbfounded.in; The user has provided wrong, inaccurate, incomplete, or incorrect information; Your actions may cause any harm, damage, or loss to the other Users or Dumbfounded.in. Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Dumbfounded.in site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.